Service Usage License
Subject to your acceptance of these Terms, Company grants you the right to use the Services for personal, non-commercial use. Any use of the Services in any manner not expressly permitted by these Terms is prohibited and may result in legal consequences. Company has the right to change or discontinue any aspect or feature of the Services at any time, including but not limited to content, hours of availability and equipment necessary for access or use.
Your Conduct and Responsibilities
You are responsible for protecting the confidentiality of your passwords, if any, and are fully responsible for the use of the Services by any other person to whom you allow access to the Services. You agree to use the Services only for non-commercial, lawful purposes and will not post or transmit through the Services any materials that:
- violate or in any way infringe upon the rights of others
- are unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable
- encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law
- without prior written consent of Company contain advertising or any solicitation with respect to products or services
Any conduct by you that in Company's sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limiting the foregoing, prohibited conduct includes but is not limited to:
- posting computer worms, viruses and other similar malicious code
- using (directly or indirectly) the Services to gain unauthorized entry into any other machine accessible through the Services
- using the Services to advertise or perform any commercial solicitation including but not limited to soliciting users of the Services to become users of other online services
Without limiting any other rights or remedies of Company, violations of the foregoing may result in removal of any prohibited postings and/or termination of your access to the Services. You must not upload, post, email or otherwise make available in the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner. You are solely responsible for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Services or otherwise submitting materials to Company, you automatically grant or warrant that the owner of such material has expressly granted Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, create derivative works from, distribute and sublicense such material (in whole or in part, through multiple tiers and/or through syndication) worldwide and/or incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use.
By appearing and participating in any Company competition, you grant Company and its successors and licensees the right to view and make public any and all gameplay, film, photograph and record your name, nickname, alias, persona, image, biographical material, voice and/or likeness and use and distribute the same in any manner or media, by any and all means, media, devices, processes and technology now known or hereafter developed, anywhere in the universe at any time forever, for any lawful purposes including advertising, publicity or trade.
Intellectual Property and Proprietary Rights
The Services contain copyrighted material, trademarks and other proprietary information, including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Services are protected by copyright as a collective work under copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material in the Services will be permitted without the express permission of Company and the copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
Company, our analytics platform, and other graphic elements of Company, logos, designs, page headers, button icons, scripts and service names (collectively referred to as "Company Marks") are the exclusive property of our organization. All rights reserved. Company Marks and trade dress may not be used, including as part of trademarks or domain names, in connection with any product or service that may cause confusion, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
Changes to these Terms
Company may from time to time change or modify these Terms of Use or introduce new terms, including but not limited to adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon posting notice in the Services. You acknowledge and agree that any use of the Services by you after such notice constitutes your acceptance of the modified Terms.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED THROUGH THE SERVICES IS PROVIDED ONLY BY THE ORIGINAL MANUFACTURER, NOT COMPANY. COMPANY ITSELF PROVIDES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED THROUGH THE SERVICES.
PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED ARE PROVIDED OR SOLD "AS IS", AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT PRODUCTS OR SERVICES DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN USING AND DOWNLOADING ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE FOR DETECTING AND DISINFECTING VIRUSES.
NEITHER COMPANY, NOR COMPANIES AFFILIATED WITH COMPANY, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, SUCCESSORS OR LICENSEES (COLLECTIVELY, "COMPANY PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.